Polanco, Rodrigo --- "The Trans-Pacific Partnership Agreement and regulatory coherence" [2013] ELECD 1351; in Voon, Tania (ed), "Trade Liberalisation and International Co-operation" (Edward Elgar Publishing, 2013) 231

Book Title: Trade Liberalisation and International Co-operation

Editor(s): Voon, Tania

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546771

Section: Chapter 11

Section Title: The Trans-Pacific Partnership Agreement and regulatory coherence

Author(s): Polanco, Rodrigo

Number of pages: 31

Abstract/Description:

The inclusion of a chapter on regulatory coherence in the Trans-Pacific Partnership Agreement (TPP) represents a major development in the area of preferential trade agreements (PTAs). The stated regulatory coherence goals of the TPP negotiations are to eliminate unnecessary regulatory barriers and to make the regulatory systems of member countries more compatible and transparent. The regulatory coherence chapter in the TPP will reportedly include mechanisms to achieve greater domestic coordination of regulations, increase transparency and stakeholder engagement, and improve competitiveness and the ability of small and medium businesses to engage in international trade. As we will see, the notion of regulatory coherence has emerged mainly within international networks of governance, especially in the Asia- Pacific Economic Cooperation (APEC) group and in the Organisation for Economic Co-operation and Development (OECD). Its introduction into an international treaty poses a series of questions without clear answers, the most essential being the definition of regulatory coherence. For some, regulatory coherence means substantive regulatory harmonisation. Others think that it means a harmonisation process by which regulations are developed and adopted. For still others, it means mutual recognition of regulations or indulgences in the application of the law of a country to foreign producers, traders and investors. Until we have a more focused understanding of what we mean by regulatory coherence, it will be difficult to study and measure it as a distinct political phenomenon.